OKOKON OMONGA V. THE STATE

OMOKRI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Cross River State, sitting at Akamkpa in charge No. HK/10C/97 presided over by Justice P. M. Ekpe, delivered on 23/4/03 wherein the appellant was convicted of the offence of murder and sentenced to death by hanging.

The facts which led to this case on appeal are as follows: On 21/9/96 the appellant’s parents left home for their farms. They left their siblings including the deceased, Ntui Okon Ita, in the care of the appellant. Sometime in the day the appellant cooked rice and shared to all the siblings left at home including the deceased. Shortly after eating the rice the deceased fell ill. When the parents arrived they rushed the deceased to the hospital for treatment. The deceased was treated and they returned home but they were told to return with the deceased at 9.00 a.m. the following day. The following day the deceased was taken back to hospital and later on he died on the 22/…